SCHELLER v. MARTABANO


177 A.D.2d 690 (1991)

Anita Scheller et al., Appellants, v. Charles V. Martabano, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 25, 1991


Ordered that the order is modified, on the law, by deleting the provision thereof which granted that branch of the defendant's motion which was to dismiss the plaintiffs' first cause of action and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed, without costs or disbursements.

The plaintiffs are seeking the reinstatement of their complaint which was dismissed in its entirety pursuant to CPLR 3211 (a) (7) and...

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